Category Archives: Brexit

Northern Ireland protocol: what is the ‘doctrine of necessity’?

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The UK government hopes a little-known legal principle will overturn parts of the post-Brexit agreement

In justifying its attempt to unilaterally overturn parts of the post-Brexit agreement with the EU, the UK government has invoked a little-known legal principle known as the “doctrine of necessity”. The loophole is allowed by the UN’s International Law Commission to be used by a state facing “grave and imminent peril”.

But the government’s ex-legal adviser Jonathan Jones said the EU would find the use of the doctrine “completely unpersuasive”.

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Appeal court rejects last-ditch legal bid to block flight taking asylum seekers to Rwanda – live

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Court of appeal judges have rejected a last-ditch legal bid to block a flight due to relocate asylum seekers to Rwanda on Tuesday

Q: Your Northern Ireland protocol plan is holed below the water line because it has so much opposition in your party, isn’t it?

Johnson says the government needs to resolve the problems with the protocol.

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Libel loss for Arron Banks gives welcome fillip to media industry

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Analysis: Ruling bucks trend for wealthy individuals to suppress public interest reporting via courts

The decision by a high court judge to dismiss a libel claim brought against the Observer and Guardian journalist Carole Cadwalladr by the multimillionaire Brexit backer Arron Banks is a timely shot in the arm for public interest journalism.

Concerns have long been mounting that the legal landscape in England and Wales places excessive restrictions on reporting, with London – where the high court is situated – often described as the libel capital of the world.

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Fury as government waters down post-Brexit food standards

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Strategy described as ‘missed opportunity’ as final wording merely commits to ‘considering’ animal welfare

Animal welfare campaigners, food policy experts and farmers have reacted with fury after the government watered down post-Brexit trade deal standards in its food strategy, released on Monday.

In a version of the strategy leaked to the Guardian on Friday, the government committed to making it easier for countries to import goods if they have high animal welfare standards.

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UK ramps up gas and oil exports to EU amid Russia’s war in Ukraine

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Britain’s goods exports to EU a record £16.4bn in April despite impact of Brexit

The UK has drastically increased the volume of natural gas being pumped to the EU amid Russia’s war in Ukraine, powering a record monthly rise in goods exports to the continent despite Brexit.

Figures from the Office for National Statistics show EU goods exports rose for the third consecutive month to £16.4bn in April, the highest monthly level in current prices since comparable records began in 1997.

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‘Germany was 10 years behind’: how Brexit helped Europe’s galleries

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Curators who left the UK after the referendum took with them experience that is reshaping their cities’ art scenes

One of the things Stephanie Rosenthal acquired during her 10-year stint in London’s gallery world is an appreciation of the British art of queueing with a smile on your face.

After the German art historian quit her job as chief curator at the Hayward Gallery in the wake of Britain’s referendum on leaving the European Union, she exported her specialist skills back to her country of birth.

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CBI warns UK government over Northern Ireland protocol

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Impasse over Brexit deal forcing companies to reconsider investing in Britain, says business lobby group

The UK’s foremost business lobby group has warned the government that its threat to override the Northern Ireland protocol is forcing companies to think again about investing in Britain and dragging down the economy.

The Confederation of British Industry (CBI) said immediate talks with the EU, rather than political grandstanding, were needed to resolve the impasse over the protocol, which governs post-Brexit trade between the EU, Northern Ireland and Great Britain.

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Opposition MPs demand full legal advice on Northern Ireland protocol bill

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Lib Dems say failure to provide it would look like ‘another attempt to cover up Boris Johnson’s repeated lies and law-breaking’

Opposition parties have demanded ministers release their full legal advice over a bill to unilaterally amend the Northern Ireland protocol that is expected imminently in the Commons, saying refusing to do so risked accusations of a cover-up.

The bill, which sets the UK on a potential collision course with the EU and which critics see as Boris Johnson’s latest attempt to mollify rebellious backbenchers and reassert his authority, is scheduled to be published on Monday afternoon.

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Boris Johnson warned NI protocol ‘rule-breaking’ will repeat mistakes of Partygate

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Tory tensions high over risk of illegality in imminent bill to improve trade between Northern Ireland and rest of UK

Boris Johnson is being warned that he will repeat the mistakes of Partygate by backing “rule-breaking over the rule of law”, when he publishes plans on Monday that are expected to prompt a new Tory rebellion over Brexit.

Frantic legal and political negotiations have been taking place this week among Johnson, his cabinet and MPs in advance of the government’s bill designed to improve trade between Northern Ireland and the rest of the UK. The legislation will be published on Monday.

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Draft legislation on overriding Northern Ireland protocol to be published next week

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Draft legislation to be issued Monday, as Keir Starmer promises a Labour government would repeal law if it passes

Legislation to disapply parts of the Northern Ireland protocol will be published next week, but senior government sources acknowledge it is going to be a “difficult” process to get it through parliament.

The new laws are aimed at unilaterally changing parts of the protocol to make trade easier between Northern Ireland and the rest of the UK, but critics say overriding the post-Brexit treaty could contravene international law.

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‘Weakness’ of UK position shaped Northern Ireland protocol negotiations, David Frost says

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Former Brexit negotiator criticises Irish government’s focus on ‘all-island’ economy

Boris Johnson’s former Brexit negotiator David Frost has said the “weakness” of the UK’s position shaped the negotiations for the Northern Ireland protocol but blamed a lack of pragmatism in the EU’s approach for the current difficulties.

Frost said the deal he negotiated while in Johnson’s government would have run smoothly only if it had never been fully applied by the EU.

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Elif Shafak: there’s a scream building up in young people

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Author cites Brexit and the climate crisis as examples of previous generations ‘breaking’ their future

The author Elif Shafak has said she thinks “there’s a scream building up” inside many young people, because they feel their future “is being shaped by older generations”.

“It’s difficult to be young, in this age in particular,” the Turkish-British novelist told the Hay festival. “It’s their future that’s been broken by previous generations,” she said, citing Brexit and the climate emergency.

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Antony Gormley to become German citizen due to ‘tragedy’ of Brexit

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Acclaimed sculptor calls leaving the EU ‘a practical disaster’ and a ‘betrayal’ as major retrospective opens

The acclaimed British sculptor Antony Gormley is to become a German citizen because of the “tragedy” of Brexit.

Speaking at a major retrospective of his work at the Museum Voorlinden near The Hague, Gormley, who is half-German, said his strong feelings about Britain’s departure from Europe had prompted him to apply for German nationality.

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Tory MP sparks Brexiter backlash with call to rejoin EU single market

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Boris Johnson allies seize on Tobias Ellwood’s comments to say Brexit would not be safe with rebel Tories

A Tory MP and arch critic of Boris Johnson has sparked a backlash from Brexiters after suggesting Britain rejoin the EU’s single market to help ease the cost of living crisis.

Tobias Ellwood’s comments were seized upon by allies of the prime minister as evidence that deposing Johnson would threaten the country’s more distant relationship with Brussels.

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‘Same nightmare week after week’: UK firms fed up with post-Brexit EU trade

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Exporters fear Northern Ireland protocol row will spur trade war with Brussels, making an already difficult job even harder

Mark Brearley is still frustrated by Brexit. More than a year from Britain’s formal withdrawal from the EU, on terms agreed by Boris Johnson’s government, exporting the goods his company produces hasn’t got any easier for the London-based manufacturer.

Describing it as “the same nightmare week after week”, he says: “A lot more time is spent with things going wrong. The EU really feels like the hardest place in the world to ship things to sometimes.”

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Boris Johnson to reportedly bring back imperial measurements to mark platinum jubilee

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Move is an apparent attempt to win support from Brexit voters in seats Tories fear losing

Boris Johnson will reportedly announce the return of imperial measurements to mark the Queen’s platinum jubilee, in an apparent attempt to garner support among Brexiter voters in battleground seats that the Conservatives are in danger of losing.

Britain currently uses a mix of imperial and metric measurements, with speed limits in miles per hour and milk and beer bought in pints.

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Loss of EU funding clips wings of vital crow study in Cambridge

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Laboratory chief blames Brexit for closure as money for corvid brain power research dries up

One of Britain’s most important, and unusual, centres for studying cognition is facing imminent closure as a result of Brexit. Set up 22 years ago to study the minds of crows, rooks and other birds noted for their intelligence, the Cambridge Comparative Cognition Laboratory is set to cease operations in July.

Its director, Professor Nicola Clayton, told the Observer she was devastated by the prospect of ending her research there. Nor was she in any doubt about the prime reason for the centre’s closure.

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Cambridge University astrophysicist loses space project role amid Brexit row

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Nicholas Walton gives up leadership of €2.8m pan-European research after dispute over Northern Ireland protocol

A Cambridge University astrophysicist studying the Milky Way and hoping to play a major part in the European Space Agency’s (Esa) next big project has been forced to hand over his coordinating role on the scheme after the row over Northern Ireland’s Brexit arrangements put science in the firing line.

Nicholas Walton, a research fellow at the Institute of Astronomy, reluctantly passed his leadership role in the €2.8m pan-European Marie Curie Network research project to a colleague in the Netherlands on Friday.

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Unacceptable for one party to block Stormont, says Irish PM

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Micheál Martin visits Belfast to try to break deadlock over DUP’s opposition to Brexit protocol

Ireland’s taoiseach has said it is unacceptable for one party in Northern Ireland to block others from taking power, as he visited Belfast to try to break the deadlock over the Brexit protocol and power-sharing at Stormont.

After meetings with party leaders, Micheál Martin said the Northern Ireland assembly and executive should be formed while negotiations continued between the UK government and the EU over the protocol. “Our view is there should be parallel discussions,” he said as he urged the DUP to abandon its decision not to return to power-sharing until “decisive action” was taken over reforms to Northern Ireland’s Brexit arrangements.

Earlier he said it was “unheard of in a democratic world” that a parliament could not convene after an election. “We can’t have a situation where one political party determines that the other political parties can’t convene in a parliament,” he said.

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US delegation to fly to UK over Northern Ireland tensions

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Nine-strong delegation led by close Biden ally will also visit Brussels and Dublin in significant intervention on division over Brexit protocol

One of Joe Biden’s closest allies is due to arrive in London on Saturday as part of an influential US congressional delegation seeking to calm tensions over Northern Ireland.

The nine-strong delegation includes Democratic and Republican delegates from the House of Representatives and Senate including members of the powerful ways and means committee chaired by Richard Neal, who will lead the group.

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